Abstract
An executive order is a powerful policy aimed at implementing a specific treaty or provision. Such orders are critical because they encourage the American President to address specific issues affecting the people. This paper describes the issues surrounding these executive orders. The paper will also examine the limits of this presidential power.
Every American President can use his or her power to issue an executive order. An executive order is relevant because it makes it easier for different government agencies to manage their activities. Such “executive orders have the full force of the American law” (Shear, 2014, p. 2). Such orders can affect the internal affairs of the state.
Where the President Gets the Power to Issue an Executive Order
The American Constitution does not permit any executive power or order. However, the American Constitution uses the term “executive power” in Article II. This term is used to denote the title of the American President. However, a large number of “executive orders rely on different constitutional arguments” (Snider, 2014, p. 4).
For instance, the president might such powers to do something. This practice is necessary because the president has a duty to accomplish several tasks. The president can also use his or her position to promote the welfare of the people (Covington, 2012). Sometimes the president might be removed from office for failing to safeguard the rights of the people.
It is acknowledgeable that “many executive orders usually receive some support from the Constitution” (Covington, 2012, p. 5). For instance, some clauses in the Constitution grant the American President some unique powers. This situation encourages the president to support the needs of the people. According to Covington (2012, p. 5), “some executive orders should not be approved by Congress”.
This fact explains why the president can use such powers to support certain policies. Such “policies will make it easier for the president to avoid opposition or public debate” (Covington (2012, p. 6). This fact explains why the president can use such orders to direct several activities.
An executive order was used “to put many Japanese-Americans in internment camps throughout the Second World War” (Covington, 2012, p. 4). For very many years, executive orders were used as administrative strategies. Such orders have always supported the operations of different government agencies.
The American President can use his or her power to make specific policies. For instance, President John Kennedy used “his position to deal with racial discrimination in the country housing system” (Covington, 2012, p. 7). The Congress can issue some executive orders. Such orders usually have legal implications.
Such orders “can impose sanctions, limit the discretion of an agency, or determine various legal rights” (Covington, 2012, p. 5). Such executive orders are known as federal statutes. The Congress also presents unique orders to dictate how the government enacts various laws. Such orders are usually printed in the Federal Register (FR). According to this discussion, the president can use the Congress or the Constitution to issue an executive order.
Limits of this Presidential Power
American Presidents can use their powers to change many things in the country. Executive orders are applicable in different situations. This “fact explains why there are unique limits to control the manner in which the president uses such orders” (Shear, 2014, p. 2). There are various agencies that check and monitor such executive orders. Such powers can be challenged in a court of law.
This situation explains why every executive order should not defy the intentions of the American Congress. The U.S. Supreme Court “expects every executive order to be within the required sphere of presidential power” (Snider, 2014, p. 2). The president should get the approval of the Congress before implementing a specific executive order. This practice makes it easier for the Congress to determine the fate of the nation.
According to many scholars, the president should use the American Constitution before executing every executive order. This practice will ensure such orders are desirable, effective, and legitimate. Shear (2014, p. 2) “also believes that every executive order will be legitimate whenever the American President will be acting with the express guidance or power of Congress”.
This practice will ensure the president does not promote his personal desires. Sometimes the president does not require the approval of Congress to issue an executive order. This fact explains why such orders can reshape the country’s policy. This practice is useful whenever the Congress fails to support a critical issue.
However, the American Congress does not ignore certain national issues. The Congress “grants the required discretion to the President to issue an executive order” (Shear, 2014, p. 2). It is also agreeable that every executive order must not result in greater policy changes.
The purpose of this order is to safeguard the rights of every American citizen. These limits make it impossible for the president to pursue his or her personal goals. In conclusion, the president should consult the Constitution before issuing an executive order.
Reference List
Covington, M. (2012). Executive Legislation and the Expansion of Presidential Power. Vanderbilt Undergraduate Research Journal, 8(1), 1-8.
Shear, M. For Obama, Executive Order on Immigration Would Be a Turnabout. New York Times, p. 2.